United States Seventh Circuit

Debtor's former owner is not the proper party to assert alleged contempt of the order conditionally lifting the automatic stay for a class of tort claimants. A creditor cannot bring a derivative claim on behalf of the estate without the bankruptcy court's consent; no such consent is warranted here, as the court had sufficient notice of the insurer's intent to proceed against the former owner for the costs it incurred under the settlement.

Appellate Information

• Argued 05/27/2003
• Decided 03/09/2004
• Published 03/09/2004

Judges

• ILANA DIAMOND ROVNER, Circuit Judge., Before ROVNER, DIANE P. WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• J. Joseph Bainton (argued), Bainton, McCarthy, New York, NY, for Appellant.


• For Appellees:
  
• Daniel G. McNamara (argued), Miller, Carson, Boxberger & Murphy, Mark A. Warsco, Rothberg, Logan & Warsco, Fort Wayne, IN, for Appellee.